13 Dec 2023
LIBERTY INSURANCE BERHAD MUHAMMAD QAIRUL JAFNIE BIN ABDUL RANI PENCELAH MUHAMMAD FAIZ EZWAN BIN MUHAMAD NAZRI
- Citation
- PA-24NCvC-231-03/2021 (Mahkamah Tinggi)
- Court
- High Court
- Case number
- PA-24NCvC-231-03/2021 (Mahkamah Tinggi)
The court found on the balance of probabilities that the cover note, which expressly commenced cover at 17/10/2017 20:09:48 and referenced in the policy documents, was the binding contract and the premium was paid then; therefore insurance did not exist at the time of the accident at 09:30. The insured breached the statutory duty of disclosure (Schedule 9 s4(1) FSA) and the duty of utmost good faith (Schedule 9 s5(9) FSA), rendering the insurance void/unenforceable; consequently the insurer was entitled to a declaration under s96(3) RTA. The Penang High Court had jurisdiction and the Originat…